Having reviewed and considered all of the moving and responsive papers in connection with the severance issue, the court agrees that the most logical, efficient and manageable way to try this case is to separate the defendants into three groups corresponding to their alleged roles in the offences charged in the superseding indictment.
IT IS ORDERED that:
- The trial of the 17 defendants awaiting trial shall be severed into three groups for three separate trials consisting of
- Tier 1: Cliven Bundy, Ryan Bundy, Ammon Bundy, Peter Santilli, and Ryan Payne
- Tier 2: Dave Bundy, Mel Bundy, Joseph O’Shaughnessy, Brian Cavalier, Jason Woods, and Micah McGuire; a
- Tier 3: Richard Lovelien, Todd Engel, Gregory Burleson, Eric Parker, O. Scott Drexler, and Steven Stewart.
- The Tier 3 defendants will proceed to trial February 6, 2017.
- The Tier 1 defendants will proceed to trial 30 days after the conclusion of the trial of the Tier 3 defendants.
- The Tier 2 defendants will proceed to trial 30 days after the conclusion of the trial of the Tier 1 defendants.
- All pending severance motions, responses, replies, supplements and joinders are terminated.
- Any specific request for relief not addressed in this order is denied.
DATED this 12th day of December, 2016.